Has anyone received an RFE or APPROVAL for FY 2015 Cap-Subject Petitions?

We all know that USCIS has been sending RFES and Approvals for FY 2015 Cap subject Petitions. If you have received an RFE or an Approval please update in the comments section below. Let’s discuss the RFEs and approval situations!

posted May 9, 2014 in H1B Visa RFEs by dan (23,616 points)
edited Nov 21, 2015 by dan | 47,835 views


The processing times vary depending on if there is an RFE, usually about 3-4 Months, please read this Article for more information. http://h1bsupport.com/blog/i-got-the-h1b-receipt-next-steps-approval-or-rfe-with-faqs
Hi Dan, do you know when will regular processing approximately get the final result? June, July or even later?
I would like to discuss about RFEs for cap subject petitions FY 2015, please post any RFE information here (Actual content if available), I will provide my opinion and a solution (NO LEGAL ADVICE)
Hello Mr. Dan, How are you doing? I have a question regarding the Premium Processing. As read in the earlier post I got to know that the Premium Processing will take guaranteed 15 days. I had got my receipt on Apr 29, 2014, which says notice date NOTICE DATE April 23, 2014. I had checked my case status, there is no update on it. I was wondering how much more time do i have to wait to get any update/reply from USCIS. Thank you.
They began processing on April 28, 2014, please calculate 15 calender days from April 28, 2014. Your h1B Employer/Attorney will definately get a  response. Please don't rely on online system and sometimes it does not update.
Hi Dan, nice article. very informative. Here is my situation, can you please access .
Got RFE asking for inhouse project details.
USCIS asked for the project contracts , company tax details and signed employment agreement .
My company is small company and revenue about $1200000 gross revenue. We have got projects from big clients till june -2017.

They asked "Provide evidence that you have specialty occupation work available for requested H1-B validity period."

We have 3 signed projects from big clients for 2 years 5 months not 3 years. Will that be problem. And also we are working on inhouse project as well.(my company has own product). And also we are submitting proof that the company is growing and we will get projects after that .

1)since we have projects for 2 years 5 months , an) possible extension of those projects after that period .

2)my company is start up company , found in 2011.

3)annual gross revenue over $1200000 .

will there be problem with above 3 points. Just wanted to know how USCIS make decisions about small companies.

As you know we have little visibility to the lawyers. I am little tensed . from your experience can you please assess the above 3 mentioned points. Thanks in advance

what are my chances of getting H1b approval.
Anyone got update on RFE details....waiting
For premium processing h1b petitions, H1B Employer or Attorney gets the RFE via fax instantly. If a fax number is not listed on the form I-907, it may take up to one week to receive in the mail.
Flash: CSC is approving non premium h1b petitions, someone just updated.
Got RFE for Non AD/PP/EAC on May 1st.

No update from employer regarding the RFE details. I'm worried. How many days it may take to get the details.
Only premium cases are getting RFEs, not Regular.
Please note that if USCIS does not adjudicate the case in 15 days (RFE, Approval) the $1225.00 Premium processing fee is refundable.
Hi All, is there any new update on anybody's case. I had applied under Premium Processing they said 15 days guaranteed. Today is 16th Day no updated. I had contacted my Lawyer, they said that they have not received anything yet. Asked me to wait. Please reply on this. Thanks in advance.
All premium  cases are required to be adjudicated within 15 calendar days (RFE or Approval). Please do not go with the case numbers, I do know that some blogs have posted articles with an Anatomy of receipt numbers and it may not be correct.
Hi Dan just want to know some people with regular non ad pp are receiving approval notice with wac1413 number mine is wac1414 ......i m still in initial review does it goes accoeding to series number?
My employer just got an approval VSC RP/Non-AD - Consular Processing!
Please dont follow that for example, my employer got an approval for EAC1414 yesterday, please have some patience.
Can you share the first 8 digits of his/her receipt number?
Got one more approval VSC/Non-Ad/RP
Hi Dan,
My petition AD/RP/VR when i can expect the approval notice.

Hi Dan,
My receipt number is WAC141415xxxx. I got receipt on Apr 25th.
Did they started processing Visa for Non AD regular processing.
They are actively processing,  you may get an approval or RFE in few weeks.
Yes, people have been also getting h1b approvals and RFES
The approval rate was very high last year based on my research, including issuance of H1B visas at consulates.
Could you please let us know RFE trend of last year and denial rate. Also denial rate during interview
50/50 chances, it may not get an RFE as long as the Employer provided sufficient documentation to cover the Employer-Employee relationship.
If my application doesn't have Client letter and SOW, will to go for RFE? MSA is attached with that
Its random process, please wait.
Hey Dan,

On what basis they process the applications, as I see I got the receipt earlier to the one you posted but I have not received any decision yet. Do that indicate any problem?
H1B Employer/Attorney will get the RFE notice in a week's time which explains the information/documents required.
Hi Dan,

My friends status is RFE(On May 14, 2014, we mailed a notice requesting additional evidence or information in this case I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow the .......). Could you please tell me when we can come to know about reason of RFE. When employer will get the details. It is Non AD regular processing.
1) Do you have a letter from the end-client stating your H1B Employer's name and your Employer controls your work?
2) What is the duration of the project?
3) Did they request a 3 year validity?
4) Do you know of any other documents that they have submitted to establish Emp-Emp relationship?
4) Which service center?
Hi Dan,

My number was picked in the lottery and now I have got RFE on Employer-Employee relationship. I am in EVVC model and I managed to get the letters from all the layers. In all of my letters, it is mentioned that my Employer controls and review my work. It also states that only my employer is responsible for paying the salary, benefits and expenses of mine. In case I need any technical input, training, performance reviews, equipment, tools and assistance, the same will be provided only by my employer and they only have rights to assign me to different client or projects. In-fact I have mentioned my supervisor
Thanks for replying. Here are the answers to you question:

1) Yes
2) They haven't mentioned it yet but it states a long term project and no end date has been anticipated yet.
3) I believe yes.
 4) Yes, various forms where i had to mention that what training and instruments were provided to me, time-sheets.
5) Vermont
You are good to go, good luck!
Hi H1BRPNAD, did your friend receive the RFE notice through attorney or employer? Please let us know and what RFE did USCIS is looking for in his case?

If you are referring @SUD, it could be straight forward. However, these items must be explained in a an organized way.
If the client has changed after filing the H1B petition, they would need a new LCA. An LCA for the new location can not be filed after filing the H1B petition. This type of change needs a new petition. I am not clear on the RFE they have received.  @H1BRPNAD can you provide more specific information?
Is this straightforward or do they needto respond judiciously in this case?
Please letus know.
Dan.,your comments please.
Yes. He got it. they asked client name, manager name, project end date, Technology, client name and address, whether client changed  after submission. If yes new client name, manager name, project end date, client name and address.
Hey Dan, just an update. My H1B has been approved. Thanks for the information!
Thanks Dan for the replies.
I am myself waiting for my RFE. My employer told me that they are working on my case and if they require any documents from my side they will let me know.
Please let me know that whether I should tell them to provide me with the RFE notice as well.
Yes, you should.  H1B Employers should understand that even the h1b candidate is educated and can help with answering RFEs. And also these forum discussions might be of some little help. I am not questioning their ability to respond to the RFE.  But, it's better to be careful now than being sorry at a later point.
Thanks Guys!! For sure party, let me know where you guys are and we can arrange one :)
Sure ;)
Anywhere in the United States, we will party and send you the bill! :D
Unfortunately I am from India :(
We will send the bill to India.
You will be benefited, keep your fingers crossed.
I want to get benefitted here....I am still under RFE...! :(
Hi Dan,
Could you please Let me know the queries raised by me regarding cap exempt? Facing problems while responding in that blog.

Hi Dan,
Thanks a lot for your reply.

Yesterday my Case status has been changed to POST DECISION ACTIVITY without going to RFE. Could you please let me know what is next steps.
When I will get approval documents and when will be approximate stamping date and biometrics date.
Is there any chance in getting rejected in interview?

Have received the rfe notice. Employer has shared the portion relevant to me , 2 pages out of 5.
It says about how my chemical engineering degree corresponds to project managr position in computers. Education and experience related to computers is in which manner related to project management in computer.
Plz let me know.
Could you plz ley me know what sort of documents would suffice for my petiton to go through the RFE stage?
We got RFE they are asking tomprove the companyvreally needs a bachelor s in Graphic Design allbthe rest seemsbto be ok
Most of the petitions goes to approval. Who filed individually, they didn't submit proper documents. Consequently, the US consulate office asked further documents in the form of REF. It's not a failure notice. Mot of the cases this problem resolvable, if the petitioner approved his H1B visa petition/lottery.
Hi Dan

I have got an RFE stating "
You must get a letter from the client listing job duties and education required for the position and a statement from the client that your Employer controls your work, not the client.
You mean RFE letter? Any Manager can sign it.
Hi Dan,
I have a quick question, the ROC letter can be signed by any senior manager or it should be only at executive level person?

Usually 60 Days!
Thanks for your reply Dan. I mean Right Of Control letter.
Could you please tell me how much time it will take to know the decision after I respond to RFE.
Hi ,

           I have received RFE , stating they need End Client letter and Contract letter. My employer is providing a contract letter that has agreement between my employer and client and states my employer is completely responsible for managing its employees and work assignments. My questions is will this contract letter alone work for me ? or do I need to get end client letter stating my work details?
I am providing a BRM letter as well which states my work and responsibilities... So do I need End Client letter separately stating my work details or Contract letter is fine?

Thank you Dan for you response .. Below mentioned are the docs that are requested in RFE :
1. End client Letter
2. Contract
3. Statement Of Work
4. Offer Letter
5. BRM Letter
6. Appraisal Letter
7. Project Organizational Chart

Except the End Client letter I have all the other Docs , my employer holds a contract directly with the end client and the contract states that your h1b employer controls my work . So is it fine if I am unable to provide end client letter alone?

Please help me out here... Thanks in advance for your response.
I am not clear on what you meant by contract letter, usually there is a contract, purchase order or statement of work, if your employer holds a contract directly with the end client and the contract states that your h1b employer controls your work, it should be okay. If your h1b employer does not hold the contract directly with the end client you should get a letter from the end client. However, in any case if you can still get a letter, why not get it? Please follow the link for a sample client letter that may be used when there is another vendor involved, let me know how I can help you further http://h1bsupport.com/blog/h1b-client-letter-sample-template-format
If you have the END CLIENT LETTER, probability of H1B approval is almost 100%.
Hi Dan,

I did submit all the documents except End-Client letter, below is the response from attorneys regarding the RFE documents,

[b]Please ask the associate if it is possible to provide an end client letter.[/b]

So if I submit my end client letter , whats the probability of getting the approval? I was surfing the internet , I read somewhere like if we get RFE for the second time , petition will be rejected. Please guide me here.

Thanks in advance for your response.
Hello, am also in the same situation. Can you let me know your latest status?

Thank you
Hi Dan ,

Thanks for your response , My employer is not providing me the End Client letter except that I have submitted all other docs. What are my chances of getting the approval now?

please guide me here..

Do you know this Client, where are you located?
Did you talk to the Client and asked them for a letter?
yeah I know the client , I am from India.
Hi Dan, Last year I got an rfe on l1 extension asking for "specialized knowledge". My attorney responded but no use got denial.
 This year applied for h1 got picked and got an rfe asking for "speciality occupation"
What are the chances for approval.please suggest me on this. I read that these days this rfe is quite common and also more chances for denial.
I was working as full time employee for MNC .
Okay. They should clearly explain why the client does not issue a letter along with an explanation of how they will control your Employment while working at a third party client site. Please read this Article  [url="http://h1bsupport.com/blog/h1b-client-letter-major-mistakes-while-filing-h1b-petitions"]H1B Client Letter RFE - Major Mistakes while filing H1B Petitions[/url]
Hi Dan,

In this matter we can't directly talk to client, our managers will be in touch with client for these. My manger told it's nt possible to get client letter for individuals as he already provided me master service agreement he told,  use that only as client letter. I provided that but USCIS is asking for client letter they mentioned if possible in the comments. So wats chance of getting approval and wat are the other options I have please guide me.
Hi Dan ,

I don't have receipt number ,my company will not disclose the receipt number to employees.

Which Service center CSC or VSC? if you do not know what are the first 3 letters of receipt number? WAC or EAC?
If your Employer is in active business, I am sure they will have all the above documents. This is a common request by USCIS, and you should not have a problem getting an approval. Good luck!
Yes, infact a friend of mine is working their and has a pending green card petition..thank you so much dan..i fell better now
1. In 7-10 Days
2. You MUST maintain status until Sep 30
New h1b pp @ csc
Filed july 18,2014

USCIS is asking from the petitioner copies of the following example documents but not necessarily all, to establish that the petitioner is actively operating:
1. Invoices;
2. Payment receipts;
3. detailed reports indicating goods or services being traded or exchanged;
4. Payroll summaries for the past two months;
5. W-2 forms;
6. Form 1099;
7. State quarterly reports for the past two quarters;
8. Employer's Quarterly Federal Tax Form (Form 941).
9. Benefciary, license to practice..

My question: is this easy to obtain documents they ask from my employer?
Number 9. I already have it.

What is my chance to have an approve decision??
Hi Dan,

My employer told me on July 7th that my H1B was approved, but so far haven't received the hard copies (I797 etc). Can you help me with the following questions:

1. How long should I receive these documents? Should I wait a little more or what I should do?
2. I'm on a F1 visa in U.S (not in OPT). Do I need to continue to go to school on end of August to keep the student visa valid until October 1st?

Thanks in advance for your help!

Best Regards,
SOW or PO is an important document if the USCIS has requested for it. If you do not have it, it means that specialty occupation work is not available based on H1B filing (You can not support with another project as the LCA may have listed that client location)

I do not know the contents of the RFE, but based on your post; there is a high chance of denial.

I was selected in lottery and received RFE on my petition on 13th June. I have submitted all the documents requested by USCIS. The only document that I was unable to submit was PO/WO or SOW as I am not in a project with the client through which my H1B visa was nominated. I have submitted rest of the documents with my company which will send it to USCIS. Does anyone has any idea by when I will be able to get the confirmation on approval/ denial and what are the chances of approval.

Great! let me know if I can be of any further help!
Hi Dan,

My H1-B petition was selected in the lottery on April 2014. However USCIS send out a RFE for Employee-Employer relation and Speciality Occupation by May-2014.

The H1-B was filed for Technology Analyst - US role.

I have provided the below documents to as asked by my company's attorney.
1) Job description
2) Client letter
3) Master Services Agreement (MSA)
4) Statement of Work (SOW)
5) Education transcripts :- Bachelor degree and marks card ( Degree in Computer Science and Engineering)
6) Pay slips
7) Signed Offer letter
8) Experience letters
and a few more.

My employer has filed in a response and the current status of the petition is "Request for Evidence Response Review".
What are the chances of my H1-B petition getting approved?

Within 60 days!
We got a RFE of first time Graphic Designer employee, the request is around supporting the proffered position is a Specialty Occupation one.
We sent a letter of President of Company stating that he made a rule to hire for the Graphic Designer position only bachelor's degree holder.
Also job description that matched OOH description, why the company requires a bachelor's degree explaining all details of work done iprofessional who knows all the fin the place (it is a screenprinting, embroidery and large phormat photo printing business), all work is done in the place and requires a specialty occupation person who is able to do all pre printing work and knows all programs in order to do the files.
We included an Expert letter and an Association of Graphic Designers AIGA letter stating he is a member and they read the job description and it is of a bachelor's degree holder.
Taxes, Quarterly Reports and more pamphlts and photos of business were included as well as percent of hours in tasks and description of work done fo the other six employees.
Which are the chances of approval?
Thanks Dan,

Any idea how long it takes for USCIS to make a decision? How long to know if my petition is approved\denied?
My petition is filed under regular processing.
It looks like you have provided all the documents requested, you should get an approval. Good Luck!
Since a Client letter was submitted, I guess you should not have any issues. Good luck!
I applied for CoS from L1 to H1. My petition was picked in the lottery and attracted an RFE - Right to Control.
My attorney  submitted client letter, vendor letter, all the contract documents between the vendor and employer.
However, vendor told us that the PO/SOW with the client are confidential and cannot be shared with the third parties.
This Email was also submitted.
No update received so far.

What are my chances and by when can I expect a response on my case?
The status changed to RFE Response review on June 27th.
It looks like you have sent a very good response with an Expert letter, I assume you have expanded the job duties and provided a detailed explanation of job duties with examples of why this position requires a BS Degree. In my opinion, you should get an approval.
yes the explanaio was more than detailed, I got an expert letter from an university professor that was ex director of the Art school in the state university of Maracaibo Venezuela and worked internationally. I tried to cover all the points, but you never know...
I appreciate your wise opinion
Yes, anytime you should get a response!
Thanks Dan.
I am assuming this should move forward in 2 weeks from now.

I have got RFE mail for submitting End Client Letter, Contract, Statement of Work, BRM letter, Project Organizational chart, can you please explain me that, what all needs to be there in these above letters.

Thanks in advance
We got an RFE on a specialty occupation for an Architecture Intern position. The company changed the name of the position internally since in the state the company is and it was filed the word Architecture is protected by law.  To not give any confusions on the difference of a licensed and graduate architect.

The RFE requests us to prove that the position is a specialty occupation that requires a bachelors as a minimum.

We are submitting proof and the guidelines from the National Council of Architectural Registration Board that the industry standard follows four steps to licensing and a bachelors of architecture is the first step to acquiring a Record number with then to begin an Intern Development Program in which you submit hours that must be approved by the NCARB and a licensed architect. Each category is very specific and I have logged over 2400 hours of the 5000 needed. We are explaining this and attaching all the hours that are broken into 4 categories, relating them to my job description more detailed and the amount of hours I have reported since working here and the percentages of hours completed so far towards the license. We are also explaining the fact that you must take after the IDP, Architecture Registration Exams to which you need the hours, degree and experience to take.

We are also attaching copies of other 4 people in the office that have the same title, have the same bachelors degree (although for this position you need a masters) and we are all enrolled in the same NCARBs IDP. We are also attaching proof of 3 previous and employees that started in the same position and went through the same process and now are licensed architects and hence can use the word.

Also we are attaching a description of why this position was not internally called "architecture intern" to avoid any confusion and state law violations. Finally an organizational chart to show everyone in the architecture department that has license has a bachelors of architecture or a masters and their relationship to my job.

Do you think we need more evidence to prove the case that this is a specialty occupation and a bachelors is the standard in the company and the industry?
Hello Dan,

I got rfe on my h1b. My employer sent requested documents on Aug 7th, how long does USCIS take to respond for premium process application?
Initial Review: Your Request for Premium Processing Service for your I129 PETITION FOR A NONIMMIGRANT WORKER was received on August 11, 2014. We mailed you a receipt with information about processing. We will mail you a decision as soon as processing is complete.

Questions: why it goes back to initial review? it didnt go to RFE Response Review...
                  how long will it take them to give a decision will they resume to the remaining
                  days for the 15 days pp or will they going to give another 15 days for from Aug           11, 2014?
Please also send the following:

1) An Expert Opinion letter from a University Professor
2) Similar jobs from other Employers requiring BS degree see this http://www.indeed.com/jobs?q=architect+graduate+bachelor&l=
Is it necessary that Expert Letter includes proff of that person? In my Expert Letter the Professor mentions his work and expertise and it is signed with hi ID number and written in University letterhead paper
Within 15 Days!
The current status of my application is On July 25, 2014, we received your response to our request for evidence. This case is being processed at our VERMONT SERVICE CENTER location. You should expect to receive a written decision or written update within 60 days of the date we received your response
My employer paid premium processing to submit my case on April 1, 2014. Does pp counts in rfe response review status? If so, why does the status read to expect a written decision within 60 days, instead of the 15 days pp period?
this is the details
new h1b pp @csc
receive date : july18, 2014
receipt date :july 19, 2014
rfe: july30, 2014
responded rfe: August 11, 2014
initial review: Aug 11, 2014
A person's name and his Resume/CV is required as USCIS evaluates the background of the person providing an expert opinion, even though it is on University Letter Head.
In the Expert Opinion Letter is included  a brief resume of his studies, works done and actual charge at the University.plus his name and ID number, it is a brief CV of the Professor and his actual charge is evaluating programs concerning Art School.
Although it says 60 days, it is 15 days under Premium Processing, Good luck!
15 Days from August 11, 2014
Im sorry dan  the atty confirmed to me that he did not responded yet the rfe.. I thouught he did coz he send me explanation about rfe. My question is why did my status change from rfe to initial review?
I really never was asked to give a Expert Opinion Letter, the RFE is more about to prove that the position proffered as Graphic Designer requires a Bachelor's degree holder.
A  very detailed explanation of company, the Graphic Designer Position, Duties and
Responsabilities are in the document, also percent of time in each duty. And tasks of employees are sent, taxes, quarterly reports, and a letter of an association for Graphic Designer in EEUU who accepted the applicant and that letter states they read the task and they are the ones of a bachelor's degree in GD.
We added the Expert Letter, the expert made a resume of his studies and experience, the letter is signed by expert including his ID number and it is done in University letterhead paper.
Do you think it gets chances of approval?
AN organizational Chart and names
The company is

be annex to it, the expert qualifications are in the expert letter, his name , ID number and signature are too...I
 am puzzle and so I included copy of this page in the latet edition and it says normally a bachelor's degree is required at entry level.
I added the expert letterstory and what makes the company different and in need of a bachelor's degree is between the response documents, also the tasks of the GD at the company are the ones of a GD as Specialty Occupation in OOH last edition (they were mentioned the edition that is prior to the 2014-2015)
1) You need to submit a letter from the end client confirming your services along with a statement that your H1B Employer controls your work

2) A contract and a Statement of work from the Client or Vendor if there is another company involved between your H1B Employer and Client.

3) Org Chart is the Company Hierarchy Chart showing your proposed position in the chart

4) I do not know what you mean by BRM letter.

See these Articles:

[url="http://h1bsupport.com/blog/h1b-client-letter-major-mistakes-while-filing-h1b-petitions"]H1B Client Letter RFE - Major Mistakes while filing H1B Petitions[/url]

[url="http://h1bsupport.com/blog/h1b-client-letter-sample-template-format"]H1B Client Letter Sample-Template-Format[/url]
I am assuming the CV has his ID number from that letter and the letter MUST be signed by him, what is the proof that the one providing the opinion and the CV belong to same person?
USCIS online system has some issues, please check with Attorney. May be they just upgraded to premium processing and have not answered the RFE.
Thanks for response Dan,

BRM is Business Relationship manager letter,
Its been premium process from the start. I talk to the atty. And said that d manager send the docs ask from the rfe but failed to include my lic. Is it ok to respond again the rfe with lic this time?? Will i still have a chance to get an approve decision??
Hi Dan,
My employer has filed H1 B for me under regular processing. And got an RFE on 14th July. My question is :
Can we convert it to premium and submit the RFE response? Is it possible ? Does it expedite the whole process on getting decision?
Got the visa approved on August 14 th, standard processing RFE was sent 15 days aho!!!!!!!!!!!!
Thanks Dan !!!
Yes. Your Employer may submit a form I-907 with a fee of $1225.00 along with the RFE response and sent to the appropriate premium processing center at Vermont and California. This would expedite the process.
Please indicate if the RFE response was sent by your H1B Employer/Attorney. USCIS usually takes up to 60 days to adjudicate (process) from the day they receive the RFE response for regular processing cases and 15 days for premium processing case.
hi dan,
  my h1b statues is rfe from 21th july and it is regular process.i want to know that how it will take for next step...and is there any chance for rejection....pls reply as quickly as possible
Sometimes the status is not updated regularly even though the case may be under processing. My case status had remained in the acceptance stage and then jumped to decision straightway (PP though). Why dont you upgrade to premium? Also look into OPT STEM as a back up.
I received RFE on May 8th, 2014 and same was responded on July 28th. On July 29th status was updated to RFE Response Review. However since then there has been no update. My case is under standard processing and I understand that RFE response may take 60 days but going by USCIS response in case of PP (friends got acceptance within a week) and case posted on this forum, I should have seen some change in my status.

Considering above is there a need to panic? My OPT ends on Sept 15th. Also my employer won't inform me anything and would with hold information as long as possible. Can someone suggest me any option?
Hi guys,
Hope this information will be helpful for others who received an RFE like me.

My H1B application was under advanced degree and regular processing. Here is the timeline:
8 May 2014: received RFE for specialty occupation
31 July 2014: RFE response sent and received by USCIS. Status updated to RFE response review on Aug 1 2014
Aug 4 2014: Status changed to Initial Review and then Acceptance next day. Upgraded to PP via mail.
Aug 7 2014: Status updated to Initial Review and clock started
Aug 15 2014 Independence Day :): Lawyer received approval by email. Status updated on USCIS website same day.

Hi I got an RFE on a H4 to H1b petition, VSC/RP. The response was received by USCIS on August 8th. RFE was regarding in-house project details, company tax forms, Marketing Analysis of Company software, review in journals,Organization Chart, etc.

Has anyone else have/have heard of a similar RFE case, and if yes, then do you know what the outcome was?

Thanks for the reply Dan. I was really worried about this RFE but finally it has been approved by the authorities and my visa is under valid cases. Now the next step is stamping which will be scheduled by my company some time after October. I also wanted to know the procedure to apply for H4 dependent visa. I have asked my company for the same and they told me that when I will go for Visa stamping at the same time H4 for my wife will also be processed. Your thoughts please.
My case had RFE too.
We responded in June and it changed to RFE response review on June 27. It is in the same state till now.
We do not have any choice apart from waiting.
Thanks for you response.
Though I want to upgrade my status to PP but my employer is not interested. Also I am from non-STEM program. Now I can only keep my fingers crossed.
It depends, if the project is viable and USCIS believes that there is Specialty work available, it will be approved. This is a common Request.
Hi  guys....
     My h1b status is RFE....which I told u ....so is it possible for me to change to premium process now ....... And what is the procedure and cost for Tis !!!????
You can also call USCIS customer service to check the latest status in case it is not updated on their website.
You can upgrade to PP once USCIS has received your response and the case status shows RFE response review or initial review. The cost is around 1200-300 dollars for upgrade. I dont remember the exact amount.
Yes, your H1B Employer may do so using form I-907 with a copy of H1B Receipt notice. The fee is $1225.00 for premium processing.
Please wait before upgrading to Premium, you may get an approval before Sep 15th.
Hi Dan,
I got thru lottary this year and now waiting for next status update from employer/USCIS.
All my project mate got either RFE or approval except me. what are the chances for approval. My employer doesn't share receipt number with employees.
Can you provide more information...

Was it filed with a client letter/contract or in-house project?
Hi Dan,
I got thru lottary this year and now waiting for next status update from employer/USCIS.
All my project mate got either RFE or approval except me. what are the chances for approval. My employer doesn't share receipt number with employees.
Hi Dan,
I got thru lottary this year and now waiting for next status update from employer/USCIS.
All my project mate got either RFE or approval except me. what are the chances for approval. My employer doesn't share receipt number with employees.
Please request them the original H1B I-797 approval notice for various reasons. Also, obtain a copy of the LCA  for your records.

I got L1B RFE in April  2014 and respond to RFE on july  2014.My company also applied COS(Change of status from L1->H1B and I got RFE in that also on june 2014.H1b RFE asked for valid status in USA,SOW document.Attory Replied to H1B RFE on august 2014.And now am waiting for both RFE response.Both cases are in regular processing.
Can you please let me know what is the possibility of approval of any one visa??

Hi Dan,

My lawyer received a hard copy of H1B approval confirmation, but I haven't received anything. I wonder what official documents I will receive in the future as a proof of H1B status (in case I need to extend my driving license etc) and when I will approximately receive it? Thanks in advance!

Best Regards,
Thanks Dan.!

It's HCL Technologies.
Thanks Dan.!
It's HCL Technologies. Any thing to worry?
1. USCIS may NOT compare your H1B petition with L1 and it will be processed based on its's merits (documentation). Unless there is a violation under L1B Status. I am assuming your L1B is still active and you are in status.
2. If your Employer has a direct contract with client, I think you should get an approval without a client letter
3. It looks like they have already processed most H1B petitions (approvals or RFE) and there are still several cases pending

Would this be an MNC Employer moving you from L1 to H1 or you have filed an H1B from another Employer for the same client?
As you are aware L1s are getting denied in most cases. If L1 is denied, you will NOT get an H1B with COS, you will have to opt for Consular processing.
Hi Dan,

My employer submitted SOW and Client Contract document but not Client letter.
I have few queries :  -
1 - I have been in US in L1B visa from July 2010 to Apr 2013 and I didn't file extension thus no rejection on me  and now I filed H1b for same client. so do they really drill to those who already been is USA for same client and no rejection?
2 - what are chances of getting RFE and approval?
3 - is USCIS still going through 85K petition and send either RFE or approval to each of them?

Thanks in Advance!
They received following questions : -
1 - Paystubs
2- BRM letter
3- SOW
4- Org Chart
5- Milestone plan

but at the same time 3 got approvals.
RFE were responded by employer but they didn't get response yet.

Do you know what type of RFEs they have received and if the RFEs were answered, what was the result?
Nothing to worry at this point as long as your L1B is valid. As you are aware, most L1B extensions are getting into trouble. Why don't you request your Employer to upgrade to premium so you get a result in 15 days...
Sorry for comment in wrong thread.
Hi Dan,

It's HCL. Is there anything to worry? I am getting bothered by each passing day because everyone else in my project got either RFE or Approval.
Please consider upgrading to premium processing, if its already 60 days since the RFE was received, your H1B Employer/Attorney must call the USCIS to notify that the case is out of processing timelines.
No response still now.....pls help....Dan any update....
Please consider upgrading to premium processing, if its already 60 days since the RFE was received, your H1B Employer/Attorney must call the USCIS to notify that the case is out of processing timelines.
If they are the same RFEs and got approval, you should also get an approval. Good luck!
No response yet. 60 days done........ Fingers crossed
Petition approved yesterday evening........
Dan,Could you please clear conversion L to H is same as COS(change of status).Could you please also let me know what is meant by consular notification .?
Hey Dan,

 We are ready to respond to a specialty occupation RFE on Wednesday and we have included everything they requested.

1.The very detailed description of the position, percentages of each duty, courses that directly relate to each one of the duties from undergrad and graduate degrees.
2.Copy of the original contract signed, that had the same job description we are further detailing.
3.The organization chart with people in the department that hold the different positions, their degrees and  years of experience.
4.Evidence that other 4 have the same job position have the same bachelors and a masters degree as the requirement, and all enrolled in the same intern development program.
5.Evidence of previous employees that had the same position and are now licensed.
6.Evidence of 5 other similar job listings that prove that a bachelors of Architecture is the industry standard, as well as the process to become licensed starts with an accredited bachelors.
7. Proof from the State Board of Architects, that a bachelors is required to enter the field in an entry level job.

My question is, do you think we stand chances of approval? And does it take them a long time to issue a decision to this kind of RFE?

Thanks dan for reply...we will  see what will happen ?As my employer and attorney suggested me ...not to go for premium processing and also not to go for Consular notification processing....wait for both RFE response.
Hi Dan,
My employer had some misunderstanding that I am in still in US and they filed COS from L1b to H1b , instead of fresh h1b application.
We got an RFE on 27th June , saying that person is not in USA , so it should not be COS application(these are not exactly same words - just mentioning what is the reason for RFE).
My employer asked me to get , client letter , contract , MSA , Pay Stubs till date and my past travel history to USA
They have upgraded it to premium processing now. They have not responded to RFE yet .
My questions:
1.What are the chances of approval in this?
2.Does this COS application comes under same H1B annual cap quota?
3. Is it an special RFE case or it happens with other people as well?
4.does it take them a long time to issue a decision to this kind of RFE?
It does not matter, COS is not an issue for the RFE related to client related documents. Your Employer should request a consular notification while responding to RFE and it will not delay the process.
Hi Dan,

I have submitted RFE documents, 3 SOW letters, Contract letter, Business Relationship manager letter, and also organizational chart. my client did not provide me the end-client letter.  is it fine without end-client letter, ? please let me know when i get response from US Emabassy..
Change of status is changing one's status from say, L1 Status to H1B status within the United States, so the beneficiary can get benefited without leaving the country. A consular notification means, you will have to go to a US consulate to get an H1B visa stamped and come back on H1B.
Lets hope for the best...It depends on the documents your Employer has submitted when a Client letter is not available and it was specifically requested by the USCIS.
They should just answer with the available documentation, and explain that the MSA/PO will extend every 6 months or a year. YOur client letter is good until Sep 2015, USCIS will use its own discretion and provide authorization based on your documentation.
Thanks for the reply Dan!!!
My employer attorney just told me that they have the MSA which is schedule to expire on 31 dec 2014. But client letter is good and valid till September 2015 .
We can not get the new MSA with client until by this year end sometime. And by that time timeline of responding this RFE will go off(RFE came on 27 June )

So the only option they say is to go with this shorter validity MSA and client letter ( valid till next year)

What is the possibility of getting approval? Is it risky?

Do you see any other alternate option to Handel this?
It looks good, I think your H1B petition should be approved. The timeline under normal processing is 30-60 days and 15 day under premium processing for the USCIS to make a decision.
The best compliment I can get is a review, please review at https://www.facebook.com/H1Transfer?sk=reviews
The best compliment I can get is a review, please review at https://www.facebook.com/H1Transfer?sk=reviews
Are you awake 24/7? :D
I am in India and it's 1500 in the evening here :-)
Thanks much Dan !!!
Am I the only one who have received two rfe's?
Worry Worry,

Please dont WORRY, it's quite normal that USCIS may take over 60 days to process.
My H1B REF Response Review over 60 days so far. Please give me some suggestions for this situation. Do i need worry about my case? anyone has same boat with me ?
My H1B REF Response Review over 60 days so far. Please give me some suggestions for this situation. Do i need worry about my case?
Hi Dan,

Usually , what is the timeline of submitting an RFE response? My employer got an RFE in my case on 27th June 2014 and they have not responded it yet. Just wanted to check  if we are still under timelines or out of it? what will be the impact of this on my application and will there be chances of getting delayed...

Sorry to hear that...

Do you know if there was an RFE (I am sure there was one) and what they asked?
Which USCIS service center?

The case can still be appealed and there is some hope. However, if you are in the United States, you should look for alternatives to be in legal status.

Please post this question at QA we will discuss, I am willing to provide more information on appealing a case.. Please note that your H1B Employer only has 30 days from the day they receive the H1B denial notice in the mail.

My H1B got denied. Not sure of the exact reason since the employer yet to receive the notice .
Do i still have some hope or it's all over ?
You got the 2nd RFE after responding to the first one? would the second RFE is a NOID (notice of Intent to deny?)
Hi Dan,

My company responded to RFE and my status was updated to response review on July 29th. My OPT is ending on Sept 15th. As Oct 1st is approaching, I am wondering is there a possibility of my application getting rejected due to filling up of H1B quota (65000+20000)? Should I expedite my case to PP? My employer is reluctant to upgrade my application.
What will happen if quota of 85000 is over before my application comes under processing?
Would this be for an H1B Extension?
90days.....to respond to an RFE.
I have got RFE on 2 September and they are asking to send  document (End client letter, SOW, appraisal letter, offer Letter, BRM Letter,Project Organization chart) by 18 sept.

Anyone can tell, what extra care i need to take on sending these document. So there should be no problem with RFE document.

And how much time will it take after RFE to reach petition approval
they allow between 60-90 days!
Yes, it is a common RFE. Once the RFE response has been sent, USCIS will take about 60 days to respond. Attorney are qualified and you should keep faith in your attorney. These blogs and discussions are for informational purposes only.

Please read these articles

[url="http://h1bsupport.com/blog/h1b-specialty-occupation-write-up-for-new-h1bs-and-rfes"]H1B Specialty Occupation Explanation to USCIS for new H1Bs and H1B RFEs[/url]

[url="http://h1bsupport.com/blog/sample-h1b-expert-opinion-letter-specialty-occupation"]Sample H1B Expert Opinion Letter - Specialty Occupation[/url]
yes i am from TCS
are you from TCS?
no not for extensio. its for H1B 2015
Hi dan
I got an rfe On " speciality occupation" . I am so much worried about this. My attorney says this is quite common rfe and she can handle this and also have all proofs to submit for this case.
All the documents are ready to respond.
Can you please tell me what are chances for approval for these kind of rfe.
PLSSSSSSS  respond.
Usually how many days uscis will take to respond.
Hi Kavya,

I had a similar RFE for specialty occupation. I submitted my RFE response on aug 1 and upgraded it to premium on aug 7. It was approved within 4 days. For the RFE we submitted a highly detailed job description, letter explaining what body of specialized knowledge is necessary and why, reason for advanced degree, list of co workers and previous employees in similar roles having similar degrees. You can also submit expert /experience/evaluation letters to prove your expertise and background. That should be sufficient.


I am currently employed while on OPT.  My OPT cap/gap has been extended till Sept 30th.  My H1B RFE response was received by USICS on July 11th and it is still under RFE Response Review status. My question is, will I have to quit my current job if I do not get a decision or if the decision is still under review after Sept 30th?
No, you can not as you will have no work permit.
The quota was already filled and you are IN THE QUOTA. Please wait for the USCIS to make a decision, if the H1B is denied, you should continue school or leave the country.
All documents requested MUST be sent. USCIS takes upto 60 days to make a decision.
I got an RFE ,can i upgrade to premium and also my RFE response together? Also,can i find the RFE details needed for my case anywhere on the USCIS website by giving me case number? Or is this something sent directly to the employer.
Thank u dan for your response. Last year I have applied for l1 extension and I got an rfe on " specialized knowledge " .  We responded to it but  got the denial. Will this reflect on my h1 as i got rfe "speciality occupation" means in the way  asking for "specialized knowledge ".
Plssssssss  advice me on this..
That's great to hear that you got an approval.  I am some what relieved  I hope the same happens with me.
My attorney supposed to submit all those docs you mentioned.
Just fingers crossed.
My employer have responded the RFE and upgraded it to premium as well on Tuesday 09/02. Usually how long does it take to change the status on USCIS website from "Request for evidence"  to something else ?
Yes, RFE response and Premium upgrade can be done together. The RFE details are sent to H1B Employer only, you can not retrieve by your H1B receipt number.
Please provide your opinion for my H1b case status. My lawyer received the RFE letter and submitted the required documents. The USCIS updated the status to response review on July 30th. So, according to USCIS, I should wait for 60 days for a response (that's Sept 30). My legal status is valid till Sept 30 only, after which I might have to leave the country. I hope you might have understood my case. If you need any more information, please feel free to ask.
Hi Dan,

My case status is under response review since July 29th. I asked my employer to upgrade to PP but my employer is saying that if do that now then USCIS will get suspicious and there are high chances of rejection. Though I do not take him on face value, however I would like to seek your opinion on same. Will my chances of rejection increase after upgrading to PP? How does upgrading works?

Best Regards,
Nitin Chauhan
My employer have responded the RFE and upgraded it to premium as well on Tuesday 09/02. Usually how long does it take to change the status on USCIS website from "Request for evidence"  to something else ?
Hi Dan,

I have already read this article  but I want to know what are the chances of approval for these kind of rfe.
I have read in some forums that these kind of rfe is little difficult to get through.
I want your views on this.
If we go by regular processing can we expect decision for rfe from uscis by this month itself as starting date for work its oct1 .will uscis consider this and makes decision before oct1.
Plesssss advice me on this cos I am confused whether to go for premium processing or not.
My employer has responded the RFE along also upgraded to premium on 09/02 . Today 09/04 ,the status of my case changed to request for evidence response review, the text on the USCIS website below the status says they will send a written decision in 60 days, how can i verify online if my case has been upgraded to premium processing also if the request for premium processing and response where sent together are they processed separately?
Hi Dan,

I got a notification from USCIS website 2 weeks back saying my petion is approved.
However I am yet to recieve the notice from them.

any idea how long it takes to be sent over?

Also, I need to go for a change in LCA as I got promoted whilst my petition was proceesed.
Does this mean, my petition will go for approval process again?
Hi Dan,

I got a notification from USCIS website 2 weeks back saying my petition is approved.
The website says the same.
However I am yet to recieve the notice from them.

any idea how long it takes to be sent over?

Also, I need to go for a change in LCA as I got promoted whilst my petition was proceesed.
Does this mean, my petition will go for approval process again?
It takes 1 week. If you became a Senior Developer from Developer a change of LCA or H1B amendment may not be required. But, if you became a Manager and there are major changes in job duties, a new LCA and an H1B amendment is REQUIRED.
Employer will get a new receipt for $1225.00 fee payment for premium processing. Also, if nothing happens in 15 calender days (yes, including sat,sun and holidays)..It is still in regular processing.
Regular processing always has its time frame of upto 60 days. If you have a copy of the rfe send it to admin@h1bsupport.com I can not help unless i know the content.
Hi Dan,

Really Need your help!

I get an RFE on education to state if the collegiate training was post -secondary education (I have a non-US undergraduate degree).
My attorney found an evaluation agency to do it but the agency messed up my gender. They are using "Ms." and "Her" instead of "Mr." and "His" all over the evaluation and submit it to USCIS.

Is this a very serious error? It's now over 85 days after my case is in RFE review status. What can I do now? Thank you!
Thanks Dan,
Today my application status had changed back as Acceptance status on USCIS website. Why would that be? Is it normal after an RFE submission +Premium upgrade...?
Yes, it is normal.
You better wait until Sep 15th for a response or upgrade to Premium Processing.
Hi Dan as you  requested
I got rfe asking for
1. To prove position comes under " speciality occupation"
2 . Why degree is needed for  this job.

This Is for qa analyst position.
Hi Ishita,

Am on a same page too, have you got the approval?...

@Dan-> Please suggest on this.

Sandeep Arora
Thanks for reply, Dan. I appreciate it!
Your employer must specify that this job is "Software QA Analyst" as opposed to QA Analyst which can be for any industry and may not require a BS Degree.

USCIS now wants to determine if this job is specialty occupation. Your employer should send the following:

1) Expanded and detailed job description and daily/weekly duties

2) Similar Jobs from other employers which require a Bachelor's Degree for QA Analyst (Send atleast 20, I would search on indeed.com with keywords "QA+Analyst+Bachelor" position Example: http://hireitpeople.com/jobs/4924-mobile-software-and-application-qa-analyst-washington-dc

3) An expert opinion letter stating these job duties fall under specialty occupation and require a BS degree see this http://h1bsupport.com/blog/sample-h1b-expert-opinion-letter-specialty-occupation

4) Any other documentation your employer has to prove that this is a complicated job and requires someone to hold a BS degree to perform duties, like a project plan.

The O*NET States some of these jobs require a BS degree and some don't. They must explain why this particular job required a BS Degree. http://www.onetonline.org/link/summary/15-1199.01?redir=15-1099.01

[u]Please see a sample job description:[/u]

Quality Assurance Analyst SQL Backend Tester will help by validating that the sites and systems meet design specifications and requirements using SQL Server database tools.

The Gender has nothing to do with the RFE (it's a typographical error). If it is 85 days, you should get a decision soon or upgrade to premium processing.
Hi Dan,

I am currently working on a Non-cap H1B (University employment) and have received a RFE for the cap subject petition that was submitted for me by a new employer with a start date of Oct 1st. If I do not hear back about the resolution of the RFE response by Sept 15, my 2 week notice period with the current university employer will spill over into october. Is it legal to work for my old employer after October 1st. They do not plan on revoking my H1B.
I recently did a H1B transfer(in the time of June) and my current status of my transfer is RFE. Can i shift jobs at this point of time and transfer my H1B(preferably on  a premium)? I plan to travel to india in the time of November.Will this affect my travel back ?
New h1b petition,pp, csv
Receipt date: july 18, 2014
Rfe: July 29, 2014
Send rfe doc: aug 11,2014( initial review)
Additional docs: aug 25,2014(initial review)
Approval date: aug 29, 2014
Received 1-797b: sept 6, 2014
No Sandeep not yet !!!

Thank you Dan. I had read through the article that you pointed out and it was indeed very useful. My question was geared towards unwittingly having concurrent employment as the new (cap subject) employment starts on oct 1st but the old (cap exempt) will still be active as I will be finishing out my notice period.

Also, it is amazing that you make time to respond to every query on this website. I would like to thank you on behalf of all users.
If your previous I-94 is still valid, you may do so. You must have stubs for the pending H1B to move to another H1B Employer. You better do a transfer under premium processing so your have smoother travel and return.
Yes, as long as the old H1B is still valid. Also, related information can be found at: http://h1bsupport.com/blog/cap-exempt-to-cap-subject-h1b-begin-work-before-october-01
Hi Sandeep,
Did you get any update on your case? Mine is still in Acceptance status.

Dan , Can you please advice us?
Hi Dan,

Thank you for your reply. Today is the 91st day after my case changed into RFE review status and still no response on my RFE. However, my OPT (which is I-765, get approved on May 1st, 2014) get a duplicate update--they send the notice to mail my EAD card again.

Is it possible that they made a mistake of updating a wrong case? BTW my OPT and H1B are in different service centers. Thank you!
just wait for 15 days to complete.
Hi Ishita,

My case went to decesion state from acceptance directly on the 9th day.(on 8th sept i got the approval notice)

All the best Ishita, hope you will get the approval soon.

Sandeep Arora

Hi Sandeep ,
What status did it go after acceptance and when?Did it ever say about clock started/ended?

These answers will help me understanding my case.

Thanks much
Hi Ishita,

I got the approval on the 9th Day, you will also get with in 7-10 days.

All the Best :-)

Sandeep Arora
Congratulations Sandeep!!! I hope the same.
Hi Dan,
I submitted my h1b petition for premium processing. Ideally, the 15 day period ends on 26th September. I am waiting for a reply from USCIS. Thanks!
Can we upgrade to premium processing after the status has been updated to RFE response review?
My case status is RFE response review since a month now .Can I now opt for premium processing now ?
Congrats Ishita :-)

My Employer got the I-797.

When you are planning for Visa Interview now.

Sandeep Arora
Hi Ishita,

What is your case status?..

Sandeep Arora
Hi Sandeep,

You were so right , Looks like the Petition was approved on Sep,12 but USCIS website got updated this morning.

Have you got your I-797 hard copy ?

Thanks you so much Dan for all your guidance and support. It was really helpful.
Yes you can. Your Employer should use form I-907 with a  fee of $1225.00 and a copy of the H1B receipt notice to upgrade to premium processing. Please note that USCIS also accepts your personal check or a Money Order.
Please wait for the 15 day premium clock to rock n' roll!
Please wait for the 15 day premium clock to rock n' roll!
yo, thanks Dan!
'Tis 18th September today. The status still shows as RFE Response review. There is no indication of premium processing in that message. Do I need to worry?

The 15 day period ends on 26th September and I have legal status validity in US till 30th Sept.
Good Luck @JVAL
Hi Dan,

My status has been pending approval since the last three months, with no RFEs.

They are actively processing, it is a good idea to ask your H1B Employer/Attorney to call USCIS and notify them of this delay. You may also consider an upgrade to premium processing at this point. When you upgrade to premium processing, USCIS may identify that the H1B petition is outside the processing time frame and may adjudicate the case (RFE or Approval) without even upgrading the H1B petition to premium processing by returning the Premium processing for I-907 along with the filing fee of $1225.00.
Your H1B Employer should call the USCIS and let them know it is outside processing time frame.
Hi Dan
  My h1b is in same status.. RFE and today is my 60th day !! Wat should I do pls advice ? Thanks in advance
Hi dan.
My h1b regular processing
Rfe response review. 11th of august

Status is still the same, please advise me what to do.
Thank you
Any moment as it has been over 3 months now!
Thanks Dan. Any rough idea by when will the processing be finally over and we can expect a response finally. :(
It takes upto 60 days, you should get an answer anytime soon. Good Luck!
My Status changed to RFE response review on July 30th, 2014 (California service center, Regular processing) and I am yet to hear back. I will update this thread for the benefit of others who are waiting when i hear back. If somebody else is in the same boat, please do update this thread with your timeline.
You should ask your H1B Employer/Attorney to call USCIS or upgrade to premium processing.
It may be some error about duplicate OPT Mail.
It's 102 days now I guess I am being denied...
Hi Dan,

My H1B got denied due to some problems in job role. My employer sent an appeal with additional documents.
What will be the next step now ? How much time it will take ? What  are my chances ? I am scared ..
Hi Sandeep,
My employer has not received I-797 hard copy yet. But i am planning to appear for stamping sometime first week of october. Date has not scheduled yet though.
Not sure how long will it take to get the approval notice.
Hoping for the good.

What about you ? have you got your stamping done already ?
what day did your I-797 was received by employer?

Two of my friends of their petition approved.

One of them got RFE response review on 27 Aug and got it approved on 29th Aug (California service center)
Other got RFE response review on 22 Aug and got it approved yesterday 22 Sep.

I am still waiting. My petition went into RFE response review status on 12 Aug and still in the same status.
hi Mohit,
exactly same situation. response review on 30th july 2014. applied for premium processing on sept 11th. case status still shows as rfe response review. california service center.
Congrats, let me know if you need any help.
Got my RFE response today. It got approved :) .. Need to prepare for the interview.

H1 extension filed on June normal process and got RFE on 21st augsut, Responded to RFE on 16th sept in premium but still USIS shows that they will let me know the decision after 60days.

is it defect in USCIS website??
CSC will provide a response on the 15th Day (I heard from lots) and we have pending cases too.
Appeal must be exhaustive with new information and chances are 1 out of 10. It takes up to 1 year (in some cases)
It is under regular processing. The RFE was regarding additional evidence that my qualification is suitable for the job opening showed.
Hi dan ,
     As ur advice i informed my employer to call uscis to know abt my h1b approval he is not takin any interest in tis case.what should i do ? Pls advice me .thank u very much
Hi...Is your H1 under Regular or Premium processing?
Hi Dan,

The Vermont Center received my RFE response on August 12th. The RFE is only 2-page so i considered the case wasn't that complicated. (didn't ask for job specialty). But most of my friends who submitted later than me have been approved. I become extremely nervous now. My i20 will expire in mid October, do you think there is a need to upgrade it to Premium Processing? Thanks a lot!
It is NOT an error, USCIS takes up to 60 days for adjudicating such h1b petitions.
Though it is premium it takes 60 days?
Is the case status still pending on USCIS website?
Yes, you it is a good idea to upgrade to premium processing, as USCIS may take up to 60 days under normal processing. If after upgrading the h1b petition is adjudicated under normal processing, USCIS will NOT cash the check sent for PP.
Sorry to hear Jval! My status remains the same as before at RFE Response review (57th day)  Also, Congrats to Kishore and others who got approved.
Today my H1b petition got denied.
15 calendar days or 15 working days?
Hi Dan,
My online case status has been changed to Decision on 12th september and it did not go to post decision activity yet. and my employer have not received the I-797 hard copy yet. My client is looking for me to be there in US by october last week. my case was in premium processing .Does it need to go to post decision activity , that is when USCIS start sending my I-797?
Do you know if they have any kind of delay in sending approval notices? When do you think i should get it?
Can we go with Email/Scanned copy of I-797 for stamping interview? ( Hyd consulate)

Thanks in advance ...
Okay. It takes 15 days, although its showing 60 days online.
15 Calendar days!
Hey Dan,

My RFE response was sent on Sept 4th for regular processing on a Specialty Occupation. Yesterday afternoon it was approved! :)
i got the denial on the website on 13th day of PP. Until then, it showed as RFE response review.
Sorry to hear that.

what was the RFE and what did u provide?
did u complete 6 years?

am just worried i responded to RFE and thought its premium it is showing it has 60 days in website.
Wow! Congratulations, PARTY :p
Hi Dan,

After 106 days, my RFE get APPROVED today. Thank you for all your help!
You H1B Employer may Appeal or Motion to reopen/reconsider the decision, please discuss with your H1B Employer/Attorney.
You need the original H1B I-797 Approval Notice for H1B visa stamping, you should ask your H1B Employer to call USCIS.
You need the H1B approval to book a consular visa appointment, you dont apply for a visa without a valid H1B. You need to specify the duration of the H1B.
Hi Dan,

My company has applied for a h1b transfer (normal processing) in May 2014, and i got the H1B receipt within 3 weeks. I got an RFE in August.My company is currently trying to submit the documents for RFE and also upgrade to premium ,they think this should get done by end of october. I am planning to go to India in november,i could fill the DS 160 form without the i797 approval document.But when i try to make the visa fee payment from the url ,
In the petitioner section,it asks for Receipt no, start date and expiration date . I am not sure what exactly is the expiration date?1)Can you tell me what is the start date,expiration date here?.
 2)Can i book an appointment without the i797 approval for now ,since i am expecting to get my h1 approved  end of october, but i want to make sure i get an interview slot.

Thank you for your help .
Please ask your Employer to call USCIS or upgrade to premium processing.
Hi Dan,

My consultant has submitted RFE response on 15 July and it's more than 60 days. It is regular processing and Vermont centre. What should be my next course of action? Please advice.
Its approved yesterday :)
Hi Ishita,

Sorry for delay in response.

Am planning for visa interview on 10th October as am waiting for hard copy of approval notice to be delivered to my address.

My Employer received the I-797  on the 5th day.

So when are you planning for the interview. Have you got all the required documents from your employer?

Sandeep Arora
Thanks Dan! My case just got approved yesterday when my company was preparing to upgrade to PP.

Best luck of anyone who is still waiting!
Hi Sandeep,

My employer has scheduled the interview on 21st October. They has not provided any documents to me yet.
I am working on getting some earlier dates for the interview.

Dan , Is there a way , you can tell what are the open dates available in October before 20th  in any indian consulates? if yes , ican ask my employer to reschedule the interview. My client is looking for me and has a project dependency on me.

Congrat! PARTYYYYYYYYYYYYYYYY:D:D:D:D:D:D:p:p:p:p;););););)
Hello Dan,

Do petitions pending after October 1st, come with a revised start date(after Oct 1)? for eg: if a petition is approved on Oct 28th, will that be the start date or will it still say october 1st?
Hi Dan,

My H1b was approved last month and I received the I-797 hard copy last week from my attorney. Can you please guide me about when is a good time for scheduling the visa stamping interview (I will be appearing in India) and what all documents would I need to carry with me?
My STEM Ext OPT expires on 24 Dec, 2014. Do I need to schedule the h1b visa stamping interview before that or can I take the appointment in Jan, 2015?

Thanks for the help,
Did you get an approval as COS Change of Status (I-94 with H1B) OR Consular processing? If it is COS, you can appear anytime. Please remember if it's COS, from the day your H1B begins (usually October 01), you are mo longer in OPT/F1 Status.
Your H1B Employer should call USCIS and notify them of the delay.
You can begin working for the H1B Employer if its a COS. You do not have to notify university as now you are in H1B Status. If you travel in december or jan, you must be employed with your H1B Employer and have paystubs for stamping.
USCIS  takes up to 60 days to process RFEs from the date they receive the response, you can not call USCIS, only employer/attorney can call. You may even consider upgrading to premium processing. A delay does not mean that you will not get an approval, USCIS process several thousands of various petitions. Good luck!
For all new H1Bs the date would be from the day of approval.
Hi Dan,

Yes the I-797 approval notice states COS approval (I-94 is attached) as well. I am planning to travel to India in December 2014 or Jan 2015. Do I need to take any other steps regarding this change of status from OPT to H1B (other than scheduling the visa appointment) like notifying my university or something?
What all documents will I need from my employer to carry with me to India for the interview?

Thanks for the reply,
H-1B still pending after Oct 1st. Does it mean I have a smaller chance of getting approved? I submitted my RFE in August and got another status update to initial review on September 18th. Can you give me some advice on what to expect? Should I call USCIS?
You need stubs for H1B employment, sometimes OPT employment may be unpaid.
You may Check the update on USCIS website "Date they received the RFE response" calculate 60 days from that date. However, you should calculate from the day they actually received the response in mail not the updated date on the website.
Thanks for the information Dan.
Yes I will be working for the same H1B employer. Do I need paystubs just October onwards or prior to October also (when i was working on OPT, say paystubs for the last 3 months before October) ?

Thanks for the help,
Hi dan,
   My employer has submitt my documents on 15 august and my RFE response on 21july and how USCIS will calculate 60 days for the  response tat is  date from 21 July or 15 august ? Thanks in advance.
A signed copy will be sufficient.
Sounds good!. Thanks Dan. Will do that.
Also, do I need to get the original LCA from my attorney or a copy will do?


I have been in the US for 3 years and i receievd my H1B extension through my first company in Jan 2014. I also shifted jobs in the month of June 2014. I am going to India in the month of Nov 2014. I would like to know the documents (checklist) to carry for my H1 stamping. Is there anything in particular i need to request my employer.
Thank you for your help

USCIS customer service always says 30 days, this is something I have NEVER heard!:o
Hi Dan,

My Employer put a service request in yesterday since the petition has been in RFE response review since July 30th. They were told that an update will be provided in 15 days. Do you know if this estimate is typically honored by USCIS? I have an option to go for premium processing as well but would rather not do premium if the service request will be equally effective.(same time frame of 15 days)
It takes up to 60 days under normal processing.
I got a RFE for H-1B extension and already responded to it in timely fashion. It's been almost 3 weeks now, Does anyone know how long it takes before I hear something from USCIS.
You can not work as you have no EAD and H1B is not approved.
thanks Dan
How about my second question...can I work after sept 30th. Will this period count under cap gap?
USCIS very rarely misses the deadline, if they did they will refund the $1225.00 Premium processing fee. Your Employer should immediately call the USCIS premium processing line at  1-(866) 315-5718.

Also, please note that sometimes it does not update online if the case was denied.
Hi Dan,
I got RFE and my employer responded to it within the timelines. USCIS updated the case status to Acceptance on September 19th stating that they have received my petition on Spet19th 2014. I had applied for premium processing and according to 15 day rule I should have received a response by Oct4th 2014. However I did not get any update. Is this normal. Can USCIS miss their 15 day deadline without giving us any notification?
My OPT expired earlier and I had applied for Cap Gap, for which the date on my EAD card or I20 was extended until Sept30th 2014. Can I still work with my employer till the time the case is pending with USCIS or I am not eligible to work and stop right away?

Please suggest. Thanks in advance!
Your H1B Employer/Attorney should call USCIS and notify them that the case is out of processing time line.
I have applied for H1B for my wife. Her employer responded to RFE during October. They gave a deadline of 60 days. But it's been more than 70 days but the status is still in 'RFE Response Review'. Is this quite normal to get the decision delayed? How should we proceed about it further?
Sorry, RFE responded during August
Whats the update?
Hi Dan,

I have submitted my RFE response on Aug 25th, My employer said actual due date was 25th Sept, Till now i have not get update from my employer for any application number, and any response form US embassy, could you please advise.
If you gave a receipt number, you may check online at https://egov.uscis.gov/cris/Dashboard/CaseStatus.do

It takes upto 60 days for the USCIS to process normal processing cases and 15 days for premium processing cases after they receive the RFE.
My H1B petition got picked in the lottery. I have Masters degree in statistics and 6 years in IT experience. Will I get RFE for Programmer/Analyst? Am I eligible to perform Programmer/Analyst job?

Please suggest.

I have got RFE in my case and unfortunately the client which I was working have no relation with my employer, can I change my client and submit documents required???

H1b got rejected. We filed MTR and then it got approved on 17th Nov 2014.
For MTR I submitted the personal affidavit posted on this website. Thanks Dan!
No you can not as you will not have an LCA.
Hi Dan,

Is it possible to share your Mobile# to me. I need your assistance in my H1b RFE.
What is your number or email?
RFE - Received on July 21st
Check email with my Mobile number.
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